Intimidating a witness after trial
If the defendant is involved in witness tampering committed by another person, he also can be charged with a crime. Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.
One option is for the defendant and the witnesses to be very careful about discussing case strategy and testimony. Contact Between Defendants and Witnesses In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending.
The other statutes require that the person accused actually threatened or intimidated the witness. Defendants can sometimes get themselves in trouble with the belief that talking things out with a witness may help resolve the matter or convince the witness to see things differently. If a relative or friend of the defendant threatens a witness or someone involved in or supporting the prosecution tries to bribe a witness, for example, both have committed witness tampering. Of course, if the witness made a recording of a conversation in which witness tampering took place or something in writing supports the allegation, it is likely the accused will be convicted. Under the first type of statute, simply asking a witness to testify in your favor constitutes witness tampering.
For example, spouses or close relatives and friends might agree only to discuss the case when they are with the attorney providing representation in the case. Even if a witness denies being influenced by the defendant, another person or the prosecutor can accuse the defendant of improper influence.
If a defendant has been convicted by a jury in the Crown Court, the defendent has a right of appeal to the Court of Appeal. You may already know if you think the defendant should be found guilty or not guilty - but that may not always be what the court decides. This does not happen very often.
Murder trial witness charged with assaulting, intimidating girlfriend
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